Immigration Law Associates, PC

Due Process Given to Deported Immigrants with Severe Mental Disabilities

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Honorable Dolly Gee, a district judge sitting on the United States District Court for the Central District of California approved of a settlement that would allow immigrants who suffered severe mental disabilities and were deported to return to the United States to contest their deportation determination and to appear for a competency hearing with all costs covered by the United States government.  Many of the effected immigrants will be assisted and represented by the ACLU.

This settlement comes as a result of a 2011 class action consisting of nearly 900 plaintiffs against Eric Holder, Jose Antonia Franco Gonzalez v. Eric Holder.  Judge Gee’s settlement approval is viewed as a victory.  In the class action the ACLU represented hundreds of immigrants suffering from severe mental disabilities who had been deported without consideration given to their mental capacity.  In 2013, Judge Gee held that immigrants with serious mental disabilities are entitled to competent legal representation and assistance in their defense during deportation hearings.

ACLU views Judge Gee’s recent settlement of $9.5 million in attorney’s fees and costs as a substantial victory.

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